Wifes GC Canceled in middle. Need to refile it.

J

JohnSimmons99

Registered Users (C)
Hello,
I hold GC and filed my wife's I-485 while she was in the US. Due to some personal reasons we need to move back to India for some time and had to cancel her I-485 application in the middle of processing.

Now we want to move back to the US. I hold valid GC. I am wondering what would be the process to re-initiate my wife's GC. Is it going to be fresh new application?
Regards,
John
 
She had a "current" priority date as the spouse of a GC holder? When did you get your GC? Her I-130 is still alive, even with a cancelled I-485. However, since she is out of the US at the moment, she first needs to re-enter the US on some visa. If not, then this has to go via consular processing as I-485 is out of the question. I hope you have not abondoned your PR status. How long have you been out of the US?
 
I got my GC 2 and half year back and since then i am out of states. Though visiting the US to keep my PR status valid and filling up I-131 form.

We filed a request with UCIS to stop processing of my wife's I-485 application. She did receive the Work permit but we could not wait enough to get the GC. Does it mean we need to file via consular processing. How long does it take? How can she re-enter the US?

Regards,
John
 
JohnSimmons99 said:
I got my GC 2 and half year back and since then i am out of states. Though visiting the US to keep my PR status valid and filling up I-131 form.

We filed a request with UCIS to stop processing of my wife's I-485 application. She did receive the Work permit but we could not wait enough to get the GC. Does it mean we need to file via consular processing. How long does it take? How can she re-enter the US?

Regards,
John
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How did you file I 485 for your wife being a GC holder. Only USC can file I 485 for the spouse.
 
TheRealCanadian said:
That's not true at all. Spouses of Permanent Residents fall into FB2.
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That is true but Permanent Resident can not file for spouse's GC until the visa number becomes available for him/her. OP is saying that he is been GC holder since only 2 1/2 years back.
 
amishah said:
That is true but Permanent Resident can not file for spouse's GC until the visa number becomes available for him/her. OP is saying that he is been GC holder since only 2 1/2 years back.
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Yup. What's even more strange is that the OP was saying she got a work permit before they left the US!

To the OP: how is your wife planning to come back in the US? What visa is she going to use? You MIGHT be able to come back if you can prove you havent abandoned your PR but I don't see how your wife can given your not a USC.
 
John,
Your story (sorry to say) does not make sense. Firstly, are you sure your PR status is intact? Secondly, how were you able to file an I-485 for her when your GC is only 2.5 years old? Going by priority dates, that should not have taken place for another 3-4 years. We are talking about marriage based GC right? She is not a "follow to join" dependent for a GC you obtained through family?
 
Guys sorry for the confusion. My wife joined me in the US before i received my GC. At that time i was on H1-Visa(my I-140 was approved and was filing my I-485 at that time) and she came on H4 visa in the US. Her GC was filed during that time. I am sorry if i am not using the right terms.

I am sure my PR status is intact. I do not know how my wife can come back to the US that's the question i have?
Thanks,
John
 
Since she is now the wife of a GC holder, she surely will have a tough time getting a non-immigrant visa. The way I see it (and I am NOT an expert), her only option it to get an immigrant visa through her local US consulate. I am sure others will chime in.
 
JohnSimmons99 said:
Guys sorry for the confusion. My wife joined me in the US before i received my GC. At that time i was on H1-Visa(my I-140 was approved and was filing my I-485 at that time) and she came on H4 visa in the US. Her GC was filed during that time. I am sorry if i am not using the right terms.

I am sure my PR status is intact. I do not know how my wife can come back to the US that's the question i have?
Thanks,
John
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Ok. That now makes sense John. I know its too late now but "you should have not left before she got her gc!". That state in magical limbo where ur in I-485 and she is a derivative and beneficiary of your aos was a rare opportunity indeed.

I really dont know that there is way for her to come back with you even if your PR is intact because you are not a USC. Maybe there might be a loophole somewhere. Perhaps a conversation with a really good lawyer may make sense at this point.
 
unixtmusa said:
I really dont know that there is way for her to come back with you even if your PR is intact because you are not a USC. Maybe there might be a loophole somewhere. Perhaps a conversation with a really good lawyer may make sense at this point.
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There's no loophole unless she qualifies for an H-2 or L-1. His best bet is to file an I-824 immediately to get the FTJ process started, assuming his PD is current.
 
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